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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3133 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Vakalatnama on behalf of opposite party no. 2 has been filed today by Mr. Pawan Shukla, Advocate, which is taken on record. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and perused the record. By means of this application, the only prayer made by the applicant is for issuance of a direction to the Civil Judge (J.D.)/FTC-Ist/Judicial Magistrate, Kaushambi, to decide Case No. 390 of 2021, State vs. Vinod Kumar and others, arising out of Case Crime No. 02 of 2021, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, Police Station–Mahila Thana, District Kaushambi, within a stipulated period. Earlier, the husband of the applicant, namely Vinod Kumar Pal, who is opposite party no. 2 in this case, had filed Application U/S 482 No. 6749 of 2023 seeking quashing of the charge sheet, summoning
order, and entire proceedings of Criminal Case No. 390 of 2022, arising out of Case Crime No. 02 of 2021, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, P.S. Mahila Thana, District Kaushambi. Vide order dated 07.04.2023, this Court directed the applicant (husband) and opposite party no. 2 (wife) to appear in person before the Court, and further directed the husband to prepare a demand draft of Rs. 50,000/- in the name of opposite party no. 2, to be handed over to her on the date of her first appearance as expenses. However, as the said order was not Versus Counsel for Applicant(s) : Bed Prakash Rai Counsel for Opposite Party(s) : G.A. Reetu Pal .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s)
complied with, this Court, vide order dated 10.05.2023, dismissed the aforesaid application under Section 482 Cr.P.C. and directed recovery of Rs. 50,000/- as arrears of land revenue from the applicant (husband) to be paid to opposite party no. 2 (wife). Today, the husband of the applicant (wife) is present in person, duly identified by his counsel. It is contended by learned counsel for the husband that the husband, being a poor man, was unable to pay the amount earlier as directed by this Court, and there was no intention on his part to disobey the order. However, he has somehow managed to arrange Rs. 25,000/-, which has been paid to the applicant (wife) in the present matter. A request has been made that recovery proceedings pursuant to the order dated 10.05.2023 be kept in abeyance.
Learned counsel for the applicant has submitted that a sum of Rs. 25,000/- has been received in his account, and he assures the Court that the said amount shall be handed over to the applicant (wife) by tomorrow. Considering the overall facts and circumstances of the case, and without expressing any opinion on the merits of the applicant's case, this application under Section 529 B.N.S.S. is finally disposed of with a direction to the court concerned to decide the aforesaid case strictly in accordance with law, without granting unnecessary adjournments to either of the parties, as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment. It is further directed that any recovery proceedings initiated pursuant to the order dated 10.05.2023 passed by this Court in Application U/S 482 No. 6749 of 2023 shall remain in abeyance. September 25, 2025 RavindraKSingh NA529 No. 3133 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad